INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Michael R. Pence 

Governor 

Susan Hedman 

Regional Administrator 

U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

Dear Ms. Hedman: 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • ww.idem.IN.gov 

October 16, 2015 

Carol s. Comer 

Commissioner 

Re: State Implementation Plan Submittal for 

Indiana Regarding 326 lAC 8-1-5, Abengoa 

Bioenergy of Indiana, Commissioner's Order 

#2015-01 

Pursuant to Section 110 of the Clean Air Act and Title 13 of the Indiana Code, the 

Indiana Department of Environmental Management (IDEM) submits an amendment to the 

Indiana state implementation plan. IDEM requests that the United States Environmental 

Protection Agency (U.S. EPA) approve the requirements for Abengoa Bioenergy of Indiana in 

Commissioner's Order #20 15-01. 

This request consists of a Commissioner's Order for Abengoa Bioenergy oflndiana, 

8999 West Franklin Road, Mt. Vernon, Indiana 47620. Abengoa Bioenergy oflndiana 

submitted a request to IDEM under 326 lAC 8-1-5 for alternative reasonably available control 

technology (RACT) requirements. The ethanol loading racks are subject to 326 lAC 8-5-6 (Fuel 

Grade Ethanol Production at Dry Mills), which does not allow for equivalent control devices that 

are not currently specified in the rule. Abengoa Bioenergy of Indiana proposes to control the 

VOC emissions from the ethanol loading racks with a John Zink carbon adsorption/absorption 

hydrocarbon vapor recovery system. IDEM has approved alternative RACT requirements for 

Abengoa Bioenergy oflndiana through a Commissioner's Order and is submitting the alternative 

RACT requirements for SIP approval. 

Pursuant to the public hearing procedures under 40 CFR 51.1 02, IDEM notified the 

public of an opportunity to request a public hearing on this action. No requests for a public 

hearing and no comments on the Commissioner's Order were received by IDEM. 

This submittal consists of one (1) hard copy of the required documentation. An 

electronic version of the submittal in PDF format that is identical to the hard copy has been sent 

to Chris Panos at the U.S. EPA Region 5 office. In order to assist with your review of this state 

implementation plan submission, a list of supporting documents is attached. 

Throughout the development of the Commissioner's Order, staff of the Office of Air 

Quality worked closely with your staff to ensure that any potential problems that might exist 

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with this requested state implementation plan revision would be resolved. I request that U.S. 

EPA approve this modification oflndiana's state implementation plan. If you have any 

questions regarding this submittal, please contact Scott Deloney, Chief, Air Programs Branch at 

(317) 233-5694. 

KB/sb 

Attachments: Supporting Documents 

Sincerely, 

�-�� 

Keith Baugues 

Assistant Commissioner 

Office of Air Quality 

cc: John Mooney, U.S. EPA Region V (no enclosures) 

Pamela Blakley, U.S. EPA Region V (no enclosures) 

Doug Aburano, U.S. EPA Region V (no enclosures) 

Steve Rosenthal, U.S. EPA Region V (no enclosures) 

Scott Deloney, IDEM (no enclosures) 

Christine Pedersen, IDEM (no enclosures) 

SIP file 
Supporting Documents 

Attachment A: Administrative Checklist ( 40 CFR 51, Appendix V) 

Attachment B: Commissioner's Order #2015-01 

Attachment C: Legal Notice of Public Hearing and Certificates of Web Publication 
ATTACHMENT A 

ADMINISTRATIVE CHECKLIST 
This page intentionally left blank 

2 
ADMINISTRATIVE CHECKLIST ( 40 CFR 51, Appendix V) 

1. The submittal is accompanied by a formal letter of submittal 

from the governor or his designee. 

2. Evidence that the State has adopted the plan in the State code 

or body of regulations; or issued the permit, order, consent 

agreement ("document"); in final form. 

a. Date of adoption or final issuance: 

b. The effective date of the plan, if different 

from the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority 

under state law to adopt and implement the plan. 

4. A copy of the actual regulation or document submitted for 

approval and incorporation by reference into the plan, 

including the following: 

a. Indication of the changes made to the existing 

approved plan, where applicable. 

b. The submittal shall be a copy of the official State 

regulation or document signed, stamped, dated by 

the appropriate state official indicating that it is fully 

enforceable by the State. Effective date shall be stated 

in the document itself. 

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in 

conducting and completing the adoption/issuance of the plan. 

6. Evidence that public notice was given, including date of 

proof of publication. 

7. Certification that public hearings were held in accordance 

with information provided in public hearing notice. 

8. Compilation of public comments and State's response. 

9. Technical Support Document (if source specific change). 

Enclosed 

Attachment B 

September 8, 2015 

18 days after issuance 

IC 13-14-1-9 

IC 13-14-2-1 

Attachment B 

Attachment B 

Attachments C and D 

No public hearing was 

requested 

No comments received 

Attachment E 
ATTACHMENTB 

Commissioner's Order #2015-1 
This page intentionally left blank 

2 
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Michael R. Pence 

Gore!nwr 

100 N. Senate Avenue • Indianapolis, IN 46204 

(600) 451-6027 • (317) 232-6603 • ww.ldem.IN.gov 

Carol S. Comer 

(.'tmtmi.'i.virulf:r 

STATE OF INDIANA ) 

) 

) 

SS: 

BEFORE TI-lE INDIANA DEPARTMENT 

OI' ENVIRONMENTAL MANAGEMENT 

COUNTY OF MARION 

IN THE MA TIER OF: ) 

ORDER OF THE COMMISSIONER ) 

PURSUANT TO 326 IAC 8"1"5 ) 

FOR ADENGOA BIOENERGY OF INDIANA ) 

To: 

) 

NOTICE AND ORDER 

OF THE COMMISSIONER 

OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

This Notice and Order of the Commissioner of the Department of Environmental 

Management (''Order") is issued pursuant to IC 13" 14" l "9, IC 13" 14"2" 1, and is based on 326 

lAC 8-1-5 (Petition For Site-Specific Reasonably Available Control Technology (RACT) Plan). 

During the Conunissioner's review, it was determined that the Petitioner met all requirements of 

326 lAC 8-1-5 according to the terms specified below: 

PETITION 

Petitioner is Abengoa Bioenergy of Indiana, which owns and operates an ethanol 

production plant, located at 8999 West Franldin Road, Mt. Vernon, Indiana 47620, and 

permitted under the Title V air operating permit program. Pursuant to the original permit issued 

to the source, the ethanol loading racks were subject to 326 lAC 8-1-6 (New I'acilities; General 

Reduction Requirements), which required the ethanol plant to collect and control the volatile 

organic compound (VOC) emissions with the use of Best Available Control Technology 

(BACT). The BACT for the ethanol loading racks was determined to be enclosed flares, with an 

overall control eft1ciency of at least ninety-eight percent (98%). 

On February 20, 2007, Indiana Department ofEnvirom11ental Management (IDEM), 

Oftlcc of Air Quality (OAQ) finalized a new rule (326 lAC 8-5-6 Fuel Grade Ethanol Production 

at Dry Mills) for fuel grade ethanol production at dry mills. This rule specifically requires 

ethanol plants to use one of the following add-on control devices to mitigate VOC emissions: 

l. a thermal oxidizer with an overall control efficiency of at least 98% or maximum VOC 

emissions of ten_ (1 0) parts per million (ppm) or less, 

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Commissioner's Ordel' No 2015�01 

Page2 of5 

2. a wet scrubber with an overall control efficiency of at least 98% or maximum VOC 

emissions of twenty (20) parts per million (ppm) or less, or 

3. an enclosed flare with an overall control efficiency of at least 98%. 

On December 24, 2008, the Petitioner submitted an application to OAQ to modify the 

plant's design, including the ethanol loading racks. Since this plant was modified, it is subject to 

the requirements of326 IAC 8-5-6 (Fuel Grade Ethanol Production At Dry Mills), instead of 326 

lAC 8-1-6 (New Facilities; General Reduction Requirements). 

On February 1 8, 2009, the Petitioner submitted a request to use an alternative to the 

requirements specified in 326 lAC 8-5-6 (Fuel Grade Ethanol Production At Dry Mills). 

The Petitioner proposed to control the VOC emissions fl·om the ethanol loading racks 

with a John Zink carbon adsorption/absorption hydrocarbon vapor recovery system. As 

cmTently written, 326 lAC 8-5-6 does not allow sonrces to use carbon adsorption/absorption 

hydrocarbon vapor recovery system or other equivalent control devices that are not currently 

specified in the rule. 

The petition is submitted for the following reasons: 

1. The proposed carbon adsorption/absorption hydrocarbon vapor recovery system is 

recognized as Best Available Control Technology (BACT), Maximum Achievable 

Control Technology (MACT), and Generally Available Control Technology (GACT) by 

the United States Environmental Protection Agency (U.S. EPA), as are the add-on 

control devices outlined in 326 lAC 8-5-6 (Fuel Grade Ethanol Production at Dry Mills). 

2. The carbon adsorption/absorption hydrocarbon vapor recovery system has a control 

efficiency of at least ninety-eight (98%) or better. In addition, it is designed to meet an 

emission standard of 10 milligrams of VOC release per liter of ethanol loaded, which is 

the U.S. EPA standard for bulk distribution facilities. 

3. Finally, the proposed carbon adsorption/absorption hydrocarbon vapor recovery system 

does not require the combustion of natural gas to control VOC emissions, unlike 

enclosed flares, which will cause undue burden to the company. Since the carbon 

adsorption/absorption hydrocarbon vapor recovery system does not combust natural gas 

there will be no by-product emissions that occur fmm the combustion of natural gas. 

The table below provides a comparison of the limited potential to emit for both types of 

loadout systems. The limited potential to emit VOC for the carbon adsmption!absorption 

hydrocarbon vapor recovery system is less than the enclosed flare and the carbon 

adsorption/absorption hydrocarbon vapor recovery system will not have the potential to emit 

carbon monoxide (CO) and nitrogen oxides (NOx). The use of the carbon adsorption/absorption 

hydrocarbon vapor recovery system also saves approximately 13 million cubic feet of natural 

gas. 
Commissioner's Order No 20l5w0l 

Page 3 ofS 

Limited PTE Comparison Between Liquid Load Systems (tons/year)* 

Carbon Adsorption/Absorption Enclosed Flare** Pollutant Hydrocarbon Vapor Recovery 

voc 

co 

NOx 

Natural Gas Combustion 

--

(MMcf per year} 

. ---·--

System 

5.67"' 8.44 

0.0 4.65 

0.0 2.79 

0.0 12.8 

* Each system includes the truck/rail and barge emissions associated with the worst-case 

loadout of 135.7 MMGal of E85 per year. 

**E xisting Limits in the permit and includes the two-pilot flare emissions at 0. 1 

MMBtu/hr for 8760 hours and the worst-case truck/rail loading at 1.26 MMBtu/hr for 

8760 hours compared to the 2000 hour limit for the 3.78 MMBtulhr barge loadout flare. 

***Limited VOC PTE= 0.0835 (lb/kgal) * 135,7 14.29 (kgal/yr) * 112000 (ton/lb) = 5.67 

tons/yr 

FINDINGS 

Pursuant to 326 IAC 8-1-5(b ), IDEM may approve a petition for a site-specific RACT 

plan if the petition: 

1. is submitted in accordance with 326 lAC 8-1-S(a), 

2. demonstrates that the alternative control measures represent RACT, and 

3. contains a compliance schedule for achieving and maintaining a reduction of volatile 

organic compound emissions as expeditiously as practicable. 

Based on the foregoing information, IDEM finds the following: 

I. As VOC control teclmologies continue to evolve, IDEM agrees that dry mill ethanol 

plants should have the flexibility to use equivalent add-on control devices that are not 

currently specified in 326 lAC 8-5-6 (Fuel Grade Ethanol Production at Dry Mills) and 

have the ability to attain the intended minimum overall control efficiency of 98%. 

2. IDEM supports the installation of control devices that can achieve similar control 

efficiencies without the aid of fossil fuels, thus eliminating the associated emissions from 

combustion. 

3. As required by 326 lAC 8-5-6 (Fuel Grade Ethanol Production at Dry Mills), IDEM must 

confirm initial and continuing compliance with the proposed add-on control device, thus 

requiring compliance monitoring and record keeping requirements for the carbon 

adsorption/absorption hydrocarbon vapor recovery system. 
Commissioner's Order No 2015-01 

Page4 of5 

CONDITIONS OF APPROVAL 

The issuance of this Order is subject to the following conditions: 

1. The Petitioner shall use a carbon adsorption/absorption hydrocarbon vapor recovery 

system, identified as C·21 01, to control the emissions from ethanol loading to trucks and 

railcars (L·2101D). 

2. The carbon adsorption/absorption hydrocarbon vapor recovery systems (C-2101) shall be 

in operation and control emissions fiom the ethanol loading systems (L·2101D) at all 

times when the ethanol loading systems are in operation. 

3. The overall efficiency for the carbon adsorption/absorption hydrocarbon vapor recovery 

system (C·21 0 I), including the capture efficiency and adsorption/absorption ef1

ciency, 

shall be at least 98%. The Petitioner shall demonstrate compliance using methods 

approved by the department. Testing shall be conducted in accordance with the 

provisions of 326 lAC 3·6 (Somce Sampling Procedures) at least once every five (5) 

years from the date of the most recent valid compliance demonstration. 

4. The Petitioner shall certify and maintain a continuous emissions monitoring system 

(CEMS) for each carbon bed within 180 days after the effective date of this 

Commissioner's Order. The CEMS shall meet the performance specifications of 40 CFR 

60, Appendix B, Performance Specification No. 8 and is subject to monitor system 

certification requirements pursuant to 326 lAC 3·5. 

5. The continuous VOC monitoring system shall be calibrated and operated to measure the 

outlet VOC concentration of the carbon adsorption/absorption hydrocarbon vapor 

recovery system serving the ethanol loading systems. The continuous VOC monitoring 

system shall be in operation at all times the ethanol loading systems are in operation, 

except during periods the monitoring system is undergoing quality assurance/quality 

control checks, repairs, replacement or maintenance or is malfunctioning. "Continuous" 

shall mean the collection of at least one measurement of the carbon adsorption/absorption 

hydrocarbon vapor recovery system outlet VOC concentration for each 15·minute block 

period. 

6. The VOC CEMS is to be used as parametric monitoring to indicate breakthrough of VOC 

emissions and a spike in emissions. The VOC concentration indicating breakthrough 

shall be determined by an engineering analysis and shall be available for inspection, if 

requested by the department. If the carbon bed outlet VOC concentration exceeds the 

level determined to be breakthrough, then the Petitioner shall take reasonable steps to 

restore operation of the control device to its normal or usual manner of operation as 

expeditiously as possible in accordance with good air pollution control practices for 

minimizing excess emissions. Failure to take response steps shall be considered a 

deviation. 

7. The Petitioner shall maintain records of the readings of the continuous VOC monitoring 

system. 
Commissioner's Order No 2015-01 

Page 5 ofS 

ORDER 

1. This Order approves the petition submitted by the Petitioner subject to the Conditions of 

the Approval and allows the Petitioner to control the VOC emissions from the ethanol 

loading rack using a John Zink carbon adsorption/absorption hydrocarbon vapor recovery 

system, in lieu of the requirement to control VOC emissions fl·om the ethanol loading 

racks as specified in 326 li\C 8-5-6 (Fuel Grade Ethanol Production at Dry Mills). 

2. This Order shall apply to �mel be binding upon the Petitioner, its successors and assigns. 

No change in ownership, corporate, or partnership status of the Petitioner shall in any 

way alter its status or responsibilities under this Order. 

3. The Petitioner shall request a significant permit modification of its Part 70 permit 

pursuant to 326 lAC 2-7-12 vvithin one hundred eighty (180) clays to add the Conditions 

of Approval contained in the Order. 

EFFECTIVE DATE OF ORDER 

Pursuant to lC 4-21.5-3-5, iDEM will give notice of this Order to each person whom the 

order is directed and affected neighbors. 

Pursuant to 40 CFR 51.102, this Order will be submitted to U.S. EPA as a revision to the 

Indiana state implementation plan. Upon approval by the U.S. EPA, this Order will be part of 

the Indiana state implementation plan. 

This Order becomes ct1cctive on the eighteenth (1811

1) day after this Order and notice of 

decision are deposited in the U.S. mail. Under IC 4-21.5-3-2(e), IC 4-21.5-3-5, and IC 4-21.5-3-

7(a)(3), this Order may be appealed by filing a petition for review within eighteen (18) clays after 

the date that affected persons were given notice through service by U.S. mail. A petition for 

review must be submitted to the Office of Environmental Adjudication (OEA), 100 North Senate 

Avenue, Room N-501 E, Indianapolis, Indiana 46204 as required by IC 4-21.5-3-7. The petition 

must contain facts demonstrating you arc either the applicant, the person aggrieved or adversely 

aftcetcd by this decision, or otherwise entitled to review by Jaw. Pmsuant to TC 4-21.5-3-S(d), 

the Administrative Law Judge will provide parties who request review with notice ofprehearing 

conferences, preliminary hearings, stays or orders disposing of all proceedings. 

Persons seeking judicial review of this Order may do so in accordance with IC 4-21.5-5. 

If you have procedural or scheduling questions regarding your request for review, you 

may contact the Office of Environmental Adjudication at (317) 232-8591. If you have questions 

regarding this Order, please contact Susan Bcm, Air Programs Branch, Office of Air Quality, by 

telephone at (317) 233-5697 or email at sbem@idem.in.gov. 

Dated at Indianapolis, Indiana � this jtl;_ day of� 

Commissioner 

Indiana Department of Environmental Management 
ATTACHMENT C 

Legal Notice of Public Hearing 

and Certificates of Web Publication 
This page intentionally left blank 

2 
Legal Notice- Public Comment Period and Opportunity for Public Hearing 

State Implementation Plan (SIP) Submittal 

Abengoa Bioenergy of Indiana 

Commissioner's Order No 2015-01 

Notice is hereby given under 40 CFR 5 1. 102 that the Indiana Department of Environmental 

Management is accepting written comments and providing an oppattunity for a public 

hearing regarding a revision to the Indiana state implementation plan (SIP) for Abengoa 

Bioenergy of lndiana in Posey County, Indiana, located at 8999 West Franklin Road in Mt. 

Vernon, Indiana 47620. All interested persons arc invited and will be given reasonable 

opportunity to express their views concerning the proposed revision to the SIP. 

The purpose of this notice is to solicit public comment on a proposed revision to the SIP that 

is accomplished by Commissioner's Order No. 2015-0 I for Abengoa Bioenergy of Indiana. 

The Commissioner's Order allows Abengoa Bioenergy of lndiana to comply with 326 lAC 

8-5-6 by controlling volatile organic compound (VOC) emissions from the ethanol loading 

racks with a carbon adsorption/absorption hydrocarbon vapor recovery system as an 

alternative to the control devices listed in the rule pursuant to 326 lAC 8- 1-5 (Petition For 

Site-Specific Reasonably Available Control Technology (RACT) Plan). The 

Commissioner's Order will be submitted to the United States Environmental Protection 

Agency (U.S. EPA) for approval as a revision to the Indiana SIP. 

Any person may submit written comments on the proposed plan revision on or before 

October 14,20 15. Written comments should be directed to Susan Bem, Office Air Quality, 

Indiana Department of Environmental Management, I 00 North Senate A venue, Indianapolis, 

Indiana 46204; or FAX (317) 233-5967; or email at sbem@idem.in.gov. Interested parties 

may also present oral or written comments at the public hearing, if held. 

Request for a public hearing on the proposed SIP revision: Requests for a public hearing 

must be submitted on or before October 14, 2015. If no timely request for a public hearing is 

received, a hearing will not be held. Interested parties can contact Susan Bem at the contact 

information listed below to see if a hearing has been scheduled. If a hearing is scheduled 

another legal notice will be published stating the date, time, and location of the meeting. 

A copy of the Commissioner's Order is available to any person upon request and is available 

for public inspection at the following locations: 

Indiana Department of Environmental Management, Office of Air Quality, Indiana 

Government Center-Natth, 100 Notth Senate Avenue, lOth Floor, Indianapolis, Indiana. 

Indiana Department of Environmental Management, Southwest Office, 1 120 North 

Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0 128. 

Alexandrian Public Library, I 15 West Fifth Street, Mount Vernon, Indiana, 47620. 
The Commissioner's Order is also available on the IDEM website at: 

http://www.in.gov/idem/4686.htm 

For additional information, please contact Susan Bem, Office of Air Quality, at (3 17) 233-

5697, toll-free at 1-800-45 1-6027 (press 0 and ask for 3-5697 in Indiana), or via email at 

sbem@idem.in.gov. 
IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • ww.idem.IN.gov 

Michael R. Pence 

Gm·ernor 

Carol S. Comer 

CvumJis ... imJcr 

September 9, 20 15 

CERTIFICATE OF PUBLICATION 

This is to certify that the Indiana Department of Environmental Management (IDEM) notice of 

public comment period and opportunity for a Public Hearing regarding the following: 

• Commissioner's Order #2015-01 for Abengoa Bioenergy oflndiana 

was published on IDEM's web site on September 9, 2015. It is expected that it will remain 

posted on the site until at least October 2 1, 2015. 

The notice in full was also made available the same day online at the following web address, 

under "Southwestern". 

http://www.in.gov/idem/4686.htm 

Web publication of the notice was at the request of Scott Deloney, Branch Chief, Programs 

Branch, Office of Air Quality, IDEM. 

Attachments: 

Copy of web page as published. 

An Equal Opportunity Employer 

By: 

Mike Finklestein 

IDEM Webmaster 

A State 

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Aoreents (PDf] 

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• Article 19 Mobile Source Rules IPDFJ [l;l 

• Article 20 Hazardous Arr Pollutants !PDF] [l 

• Article 21 Acid Deposition ControliPDFI [l 

• Article 22 Suatosoheric Ozone Protection !PDF] [l 

• Article 23lead-based Pamt Program (PDF! [l;l 

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website provides the most up-to-date listing of these files. 

Commissioner's Orders 

A Commissioner's Order is a permanent enforceable order specifically authorized 

by an air rule as an alternative to a rule requirement. Once issued, a 

Commissioner's Order becomes a condition in an air permit In most cases. a 

Commissioner's Order will be submitted to U.S. EPA for approval as an 

amendment to Indiana's state implementation plan for the Clean Air Act 

• Commissioner's Order #2015-01 for Abengoa Bioenergy of 

Indiana: 

c Notice and Order of the Commissioner of the Oeoartment 6Jl 

Environmental Management IPOFl 

c Legal Notice of Public earing IPDFI IIl 

• Commissioner's Order #2014-01 for Jeffboat LLC: 

e Notice and Order of the Commissioner of the Department 6Jl 

Environmental Management (PDF] 

c Legal Notice of Public Hearing IPOFI 0 

• Commissioner's Order #2009-0AQ-01: 

o Notice of Commissioner's Order (PDF] (9 

• COmmissioner's Order #2008-02 and Variance, Indianapolis 

Power & Light - Harding Street Generating Station: 

c Notice. Order, and Variance of the Commissioner of the Oepartme!Hl 

of Environmental Management (PDF] 

IPL Legal Notice of Comment Period and Opportunitv to Reouest � 

c a Public earing DOC] 

c Notice of Variance Decision !PDf] IIl 

• Commissioner's Order #2008-01 and Variance. ALCOA Power 

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